The day the Ashes caught fire

After the upset following Alex Carey’s controversial stumping of Jonny Bairstow at Lord's, Graham Tomlin reflects on the so-called 'Spirit of Cricket' and what it tells us about our innate sense of justice and morality.

Graham Tomlin

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

Illustration generated by Dan Kim using Midjourney

Unless you have a complete aversion to sport or wilfully avoid all reference to cricket, you can’t have missed the controversy over the dismissal of the English player Jonny Bairstow by the Australian wicketkeeper Alex Carey at Lords during the final day of the second Ashes Test. Bairstow let a ball go through to the keeper and, thinking the ball (and the over) was finished, wandered down the pitch to chat to Ben Stokes his fellow batter, at which point Carey smartly threw the ball at the wickets to get him out stumped. The Aussie captain, Pat Cummins felt it was a fair cop, as it was within the rules of the game, and on that level, most English players and fans agreed with him. But what the English went on to say is that it was not within the ‘spirit of the game’, and therefore sneaky and underhand. Hence the unremittent booing of the Australians for the rest of the game from the usually sedate Lords crowd, hostility which is only likely to ramp up for the rest of the five-match series with the notoriously partisan Yorkshire crowd at Headingly next in line.

According to the Laws of Cricket, Bairstow was out. He had left his ground before the ball was considered ‘dead’ – which requires both teams to consider it such. The Aussies still felt the game was live, Carey threw the ball as soon as he received it, and so the England batsman has little grounds for complaint. Yet the distinction between the Laws of Cricket and the ‘Spirit of the Game’ has been invoked often since the incident to suggest the Australians are dastardly cheats who will do anything, however underhand, to win a game of cricket, just like they once famously got a young teammate to rough up the ball with sandpaper (clearly illegal) but got caught.

Laws and rules, whether in cricket, a business or charity or within a legal system, are there to protect something else, something deeper than the rules. Our legal system exists to protect more important things like families, community harmony, innocence or human life.

So where does this distinction come from and what does it tell us about our deepest moral instincts? The Laws of cricket are a human invention. Like all sports, cricket is a game which emerged in past centuries and then developed a complex series of rules (in cricket they are always called ‘Laws’) to govern the playing of the game. Those rules develop and change over time. Recent changes include instructions on what you do when a dog invades the pitch, or banning the use of saliva on the ball to make it swing more. Changes even come even in the new format called the Hundred, where bowlers bowl units of five or ten balls at a time instead of the traditional six-ball over. Yet each of these rules are in a way artificial. They are invented and monitored by humans to develop and monitor a human construction called the game of cricket.

Yet we also sense that the Laws cannot do everything. There is this elusive and instinctive thing called the ‘Spirit of Cricket’, so much so that the phrase ‘it’s not cricket’ has seeped into common usage to describe something that just doesn’t feel right. The MCC even runs a lecture every year at Lord called ‘The Spirit of Cricket’ inviting a former player or journalist to reflect on something deeper about the game than the nuts and bolts of the laws, individual performances or team results.

Yet the Spirit of Cricket is more than just about cricket. It appeals to a deeper sense, shared amongst all of us, that some things, even though not codified in human law, just don’t feel right. They go against our deepest moral instincts. They just seem wrong. When Ben Stokes said he wouldn’t have wanted to win a game in the way that the Australians had just done, he was appealing to a deeper moral structure than could ever be codified in a written rule.

So what does all this tell us? Two things, I suggest. The first is that we humans have a deep moral instinct of fairness. We have a sense of conscience, that is not just a human construct, and appeals to something more deeply embedded in the human heart and mind – and conscience is not just a matter of individual preference or cultural difference. We sometimes talk about respecting individual conscience, yet in a more important sense, something called ‘the spirit of cricket’ or the spirit of any game or human enterprise for that matter, testifies that conscience has a universal dimension that is common across societies and cultures – so much so that the spirit of cricket is said to hold whether the game is played in England, Australia, India or Afghanistan. Spot-fixing, or manipulating a game to win a bet, even though it’s not mentioned in the Laws of cricket, is thought of as bad practice wherever you are in the world. There is something universal about Conscience. It may not always be easy to deduce exact rules from it, and in grey areas like the Bairstow incident, it doesn’t lead to straightforward conclusions, but it does nag away at us when we are doing something shady or devious - even when we get away with it.

Secondly, It points to the distinction between human laws, that try to codify our way of living together and regulate human relationships, and a deeper moral law, that individual laws try to protect. Laws and rules, whether in cricket, a business or charity or within a legal system, are there to protect something else, something deeper than the rules. Our legal system exists to protect more important things like families, community harmony, innocence or human life. You might say that the Laws of Cricket are there to preserve the nebulous, but more important and very real thing we call the Spirit of Cricket – to ensure the game is played in a sporting, respectful and generous way, so that it can be enjoyed and not endured, and the competitive instincts it draws on at its best are regulated and don’t get out of hand into open conflict and violence.

once you take away.. the deeper natural law that pricks our consciences ... all you are left with is power – the imposition of the will of some upon the destiny of the many.

In one of his lesser known books, The Abolition of Man, CS Lewis called this deeper moral structure the Tao, drawing on a concept in east Asian religions. He said it included things like duties to parents, elders or ancestors, the importance of justice, good faith & truthfulness, valuing mercy, magnanimity and so on. This natural law is embedded in us, he argued, and that all our value systems are but fragments of the Tao. Despite our ideas of progress, we can no more imagine a deeper or different Tao than we can invent a new primary colour. To try to live outside this Tao, leads, he argues, to the Abolition of Man - the ultimate unravelling of humanity, because once you take away the Tao, the deeper natural law that pricks our consciences, that God-implanted instinct for what is right and wrong, fair and unfair, all you are left with is power – the imposition of the will of some upon the destiny of the many.

St Paul once described what happens when the divine Spirit of God begins to work in a person – they begin to produce “love, joy, peace, forbearance, kindness, goodness, faithfulness,gentleness and self-control.” He goes on to say: “Against such things there is no law.” You cannot demand or legislate such things into life, yet individual laws exist to create the conditions in which they can flourish and grow. There is a moral law that we dimly sense underneath our human legal constructions and moral deliberations, which protects things that matter to us and to which we feel ourselves compelled to conform – unless that is we have silenced the voice of conscience, something we all feel is a dangerous thing to do.

Whether or not Bairstow should have been deemed out, whether or not the Australians were being unsportsmanlike or taking fair advantage, maybe a rumbling dispute over a fine point of cricketing practice can point to something profound about the nature of the world we live in after all.

Article

Assisted dying

Comment

Politics

25 November 2024

7 min read

Assisted dying hasn’t resolved Swiss end of life debates

Despite attempts to normalise it, new challenges still arise.

Markus Zimmerman

Markus is Professor of Moral Theology and Ethics at the University of Fribourg, Switzerland.

A single bed, wiith an unmade colourful duvet stands in the corner of a room. A hoist reaches over it from the corner.

The dying room, Dignitas Clinic, Zurich.

Dignitas.

While countries such as Germany, France or the UK are currently struggling to find a suitable regulation for assisted suicide, their peers in the Netherlands, Canada and Switzerland have years of experience with the controversial medical practice. Even if each state must explore its own ways of dealing with these ethically controversial issues, it is obvious that international experience should not be ignored as they try to find a way forward.

In Switzerland the discussions and challenges surrounding assisted suicide are increasing rather than decreasing. Contrary to the idea that a liberalisation of assisted suicide would lead to fewer debate, tensions and difficulties are increasing. My observation, and thesis, indicates that practices such as assisted suicide cannot be “normalised”, even in the medium and long term.

Developments

In recent years, one to two per cent of all deaths in Switzerland were due to assisted suicide. From an overall perspective, this practice is therefore still a marginal phenomenon. However, a look at the total number of assisted suicides per year gives a different impression, as this has increased more than fivefold in the years between 2008 and 2020, from an initial 253 to 1,251 deaths per year, a rising trend. The cause of death statistics for Switzerland only include those cases of assisted suicide in which persons resident in Switzerland were involved and the death was reported to the authorities. According to the Swiss Federal Statistical Office, in 2020, it was mainly people over the age of 64 who made use of assisted suicide. Detailed information on the underlying illnesses of the people affected in 2018 shows that about 40 per cent were affected by cancer, just under 12 per cent by diseases of the nervous system, a further 12 per cent by cardiovascular diseases and just over a third by other illnesses, including dementia and depression. There are currently seven right-to-die organisations in Switzerland which play a leading role in a typical assisted suicide procedure. They work closely with doctors who are prepared to prescribe a lethal drug, generally Pentobarbital. The data reflects an ambivalent picture: on the one hand, the proportion of assisted suicide cases is relatively low in relation to all deaths and, for example, in comparison to the large number of people who die in Switzerland in a state of deep sedation until death; on the other hand, the number of assisted suicides in Switzerland has risen sharply in recent years.

Perceptions and assessments

Since the 1990s, the public perception and assessment of assisted suicide in Swiss society has changed from an initially cautious and sceptical attitude towards broad acceptance. While the debates in other countries are characterised by relatively sharp controversies between those in favour and those against, public discourse in Switzerland has been less polarised. There are indications of a certain normalisation of the situation, the strongest sign is that Switzerland has so far refrained from regulating assisted suicide in a separate law. The results of a recently-published study on the opinions of Swiss people over the age of 55 regarding assisted suicide confirm these impressions.: The survey showed that over four-fifths of respondents support legal assisted suicide, almost two-thirds can imagine asking for assisted suicide themselves at some point, and that almost one-third are considering becoming members of an right-to-die organisation in the near future, with one-twentieth of respondents already being members at the time of the survey in 2015. Among people with a higher level of education and older people aged between 65 and 74, approval of assisted suicide and corresponding practices was higher than among less educated, younger and very old people; approval was also significantly lower among religious practitioners.

Sensitive topics

The fact that assisted suicide enjoys broad support in Swiss society as a whole does not mean that there are not difficult and controversial aspects relating to its practice. Relevant topics include, in particular, places of death, authorisation criteria and procedures.

Places of death: Assisted suicide is permitted also for mentally ill persons in psychiatric clinics, but the federal court recommends great caution here and requires two psychiatric expert opinions to ensure that the person willing to die is capable of judgement with regard to the desire to commit suicide. Although assisted suicide for children and adolescents has hardly been an issue in Switzerland to date, the corresponding debates are currently being held in Canada and elsewhere. The question of whether people in prison also have a right to make use of assisted suicide, has been the subject of intense debate in Switzerland for years, with a generally positive response. The question of whether right-to-die organisations should be given access to acute hospitals and nursing homes is still the subject of controversial debate, with regulations varying from hospital to hospital, nursing home to nursing home

Authorisation criteria: With regard to the admission criteria for persons willing to die, the capacity for judgement is at the centre of attention: while the importance of the criterion is undisputed in itself, there is a struggle for reliable standards and procedures to reliably test this criterion. Since the publication of the SAMS ethical guidelines Management of Dying and Death in 2018, the criterion for end of life and, depending on this, that of unbearable suffering have received new attention due to an objection by the Swiss Medical AssociationFMH. While the guidelines are based on the criterion of unbearable suffering, the FMH wants to stick to the near end of life. It is certainly difficult to diagnose the existence of unbearable suffering, as the international debate on the significance and assessment of existential (neither physical nor psychological) suffering shows. This difficulty is illustrated by the debate that has been going on for several years in Switzerland about so-called old-age suicide and the inherent criterion of tiredness of life. At the centre of the dispute is the legally difficult question of whether a doctor is also allowed to prescribe a lethal drug to a healthy person.

Procedures: Here the role of the medical profession and right to die organisations is by far the most important issue. In contrast to the physician-centred models in Belgium, Canada and the Netherlands, the Swiss model of assisted suicide is based on the idea that every person has the right to end their life and may call on the help of any other person to do so. Although the medical profession is usually involved in the process, the management of the procedure is normally the responsibility of a right-to-die organisation. This division of responsibilities is always up for debate when legal regulations are being considered, in which doctors should tend to take the lead in the process due to their professional background. There is also a debate about how and by whom compliance with the authorisation criteria should or could be monitored, whereby it remains to be decided whether this should be carried out before or after the death. At present, a certain amount of monitoring takes place following a suicide, insofar as the authorities investigate the cases afterwards. There is also debate as to whether Pentobarbital is a suitable means of suicide, especially if this barbiturate is not administered intravenously but taken orally; there is no knowledge of how many cases are currently administered intravenously and by whom an infusion is then set up. Last but not least, consideration has already been given to the use of lethal drugs, such as helium gas, which can be obtained over the counter.

Attempts at regulation

Political efforts to regulate assisted suicide in Switzerland in a more nuanced way than today have been made since the 1990s but have remain largely without consequences to date. In relevant judgements by the Federal Supreme Court or in statements by the Federal Department of Justice and Police, reference is regularly made to the ethical guidelines of the SAMS. These are classified as soft law and are therefore not legally binding, even though their content has become the subject of dispute. The National Advisory Commission on Biomedical Ethics (NCE) had already recommended more far-reaching legal regulation in 2005 as part of a detailed opinion on the subject; in the opinion of the NCE at the time, the review of authorisation criteria, a justifiable regulation of assisted suicide for the mentally ill, children and adolescents and state supervision of right-to-die organisations, should be ensured by law. The question is what form a legal regulation can take that grants the medical profession far-reaching powers but at the same time prevents medical paternalism (in favour of or against assisted suicide). From the perspective of Swiss experience, this is “a square circle”: either the doctors retain the final decision on who receives the barbiturate, or official access rules are established, the review of which does not generally require medical expertise.

The outlook

In the short and medium term, it can be assumed that the number of assisted suicides in Switzerland will continue to rise. The coronavirus pandemic and the particular difficulties faced by nursing homes during this time are likely to exacerbate this increase. In view of these expectations and the legislative processes in other European countries, pressure is likely to increase in Switzerland to create a legal regulation. Overall, I think politically it will be important to create a legal regulation, in order to ensure legal equality and legal certainty on the one hand and prevention of abuse and expansion on the other. At the centre of social-ethical reflection is the challenge of learning to deal with the pluralism of different ideas of a good death and to develop and establish alternative models to medically assisted dying. The thesis I mentioned at the beginning is confirmed today: assisted suicide in Switzerland can hardly be normalised; new problems, challenges and demands are constantly arising. Suicide, whether with or without the help of another person, always means an existential transgression that defies normalisation.